The LCO is pleased to make available the papers and presentations submitted to the 2010 Canadian Conference on Elder Law, which the LCO co-hosted with the Advocacy Centre for the Elderly and the Canadian Centre for Elder Law, as part of our larger project on the law as it affects older adults.
Please note that the papers and presentations are presented as submitted by the speakers and presenters, and in the original language of the presentations.
If you are not able to access these documents for disability-related reasons, please contact us at lawcommission@lco-cdo.org to make arrangements for alternative access.
World Study Group
| Kim Whaley, Whaley Estate Litigation and Ian Hull, Hull & Hull LLP |
“Financial Abuse, Neglect and the Power of Attorney” |
| Helene Wheeler, LL.M. Candidate, UBC Faculty of Law |
“Ageism in the Justice System” |
“Identifying Elements of an Anti‐Ageist Approach to the Law”
Session 1A – Friday October 29, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Professor David Freedman, Queen’s University |
“The Principle of Dignity and Older Adults” |
| Professor Maneesha Deckha, University of Victoria |
“Reason, Aging and Dignity” |
| Magnus Eze, Parliamentary Consultant, Nigeria | “Old Age Legislation in Nigeria” Presentation |
| Professor Emerita Gerda Kaegi, Ryerson University and Canadian Pensioners Concerned | “Being Human, Human Rights and Agency for Older Adults” Presentation |
“Protection of the Rights of Seniors – The Retirement Home Example”
Session 1B – Friday October 29, 2010
Moderated by Kevin Zakreski, B.C. Law Institute/Canadian Centre for Elder Law
| Lisa Romano, Advocacy Centre for the Elderly | |
| Mark McMackin, Ricketts Harris | |
| Carly Hyman, B.C. Office of the Ombudsperson | Presentation |
“Good Law and Bad Practice: First Available Bed Policies”
Session 1C – Friday October 29, 2010
Moderated by Kirsten Manley‐Casimir, Law Commission of Ontario
| Jane Meadus, Advocacy Centre for the Elderly |
“First Available Bed – Law and Policy in Ontario” |
| Elizabeth Currie, Chancellor Park Nursing Home and Henry Kielley, Eastern Health and Long Term Care | “First Available Bed Policies in NFLD” Presentation |
“Exploring Elder Mediation”
Session 1D – Friday October 29, 2010
| Professor Gemma Smyth, University of Windsor Faculty of Law | |
| Laura Watts, Canadian Centre for Elder Law | |
| Jan Goddard, Jan Goddard and Associates |
“Substitute Decision-Making and End of Life Planning: Hot Topics from a Care Provider Perspective”
Session 1E – Friday October 29, 2010
|
Cindy Clarke, Borden Ladner Gervais |
“Gender, Age and the Law”
Session 2A – Friday October 29, 2010
Moderated by Kirsten Manley‐Casimir, Law Commission of Ontario
| Professor Claire Young, University of British Columbia |
“Pensions, Privatization and Poverty: The Gendered Impact” |
| Professor Kim Dayton, William Mitchell College of Law | “Health Care Reform in the U.S.” |
“Technology and Access to Justice”
Session 2B – Friday October 29, 2010
Moderated by Roger Smith, JUSTICE
| Margaret Capes, University of Western Ontario Law School | |
| Judith Wahl, Advocacy Centre for the Elderly | Presentation |
| Fiona MacCool, Community Legal Education Ontario | Presentation |
“Approaches to Law Reform: The Example of Advance Care Planning”
Session 2C – Friday October 29, 2010
Presented by the Federation of Law Reform Agencies of Canada
“Least Restrictive Alternative, Limited Guardianship and the Ward’s Autonomy: Trends in the U.S. and Canada in the 21st Century”
Session 2D – Friday October 29, 2010
| Professor Rebecca Morgan, Stetson University College of Law and Ed Boyer, Boyer & Jackson P.A. and President Elect of the National Association of Elder Law Attorneys | Presentation |
| Laura Watts, Canadian Centre for Elder Law |
“Capacity and Guardianship and Family Relationships: Challenging Issues”
Session 2E – Friday October 29, 2010
| Kim Whaley, Whaley Estate Litigation | “Legal Capacity to Marry and the Estate Plan” Conference Paper |
| Wendy Griesdorf, Estate Litigation Counsel |
“Physicians and Patients with Marginal Capacity” |
| Saara Chetner, Office of the Public Guardian and Trustee | “‘Can’t Buy Me Love’ – Lessons From High Conflict Guardianship Litigation” Conference Paper |
“Ageism and Age-Based Criteria in the Law”
Session 3A – Friday October 29, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Professor Nina Kohn, Syracuse University College of Law | “The Myth of Benign Classification: Age‐Based Criteria in U.S. Policy” |
| Professor Tom Klassen, York University |
“The Elimination of Mandatory Retirement – Unfinished Business” |
| John McKinnon, Executive Director, Injured Workers’ Clinic | “Age-Based Criteria in the ‘Workplace Safety and Insurance Act’” Conference Paper |
“Developing Effective Complaints Mechanisms”
Session 3B – Friday October 29, 2010
Moderated by Lisa Romano, Advocacy Centre for the Elderly
| Karen Slater, Ministry of Health and Long Term Care | “Reforms to Compliance under the New ‘Long Term Care Act’” Presentation |
| Carly Hyman, B.C. Office of the Ombudsperson | “Effective Complaints Resolution Processes” Presentation |
“Including Older Adults in the Law Reform Process”
Session 3C – Friday October 29, 2010
Moderated by Dr. Patricia Hughes, Law Commission of Ontario
| Colleen Sonnenberg, Ministry of Health and Long Term Care | “The ‘Long Term Care Homes Act’ – A Consultation Process” Presentation |
| Bea Levis, Senior’s Activist | “Including the Voice of Older Adults in the Law Reform Process” |
“Regulation of Attendant Care Services”
Session 3D – Friday Octber 29, 2010
Moderated by Dianne Wintermute, ARCH Disability Law Centre
| Scott James Allardyce, Citizens with Disabilities Ontario | |
| Lori Holloway Payne, Personal Support Network of Ontario and Ontario Community Support Association | |
| Mark Blumberg, Blumberg Segal LLP |
“The Power and Potential of Story”
Session 3E – Friday October 29, 2010
| Rick Goralewicz and Paula Wood, Legal Aid Services of Oklahoma | Conference Paper |
“Designing the Law to Include Older Adults”
Session 4A – Saturday October 30, 2010
| Lauren Bates, Law Commission of Ontario | “Developing an Anti‐Ageist Framework for the Law” Presentation |
| Christine Elliott, British Columbia Solicitor | “Transition Between Normal Residency Laws to a Care Based Model of Dispute Resolution” Conference Paper |
“Capacity and Access to the Legal Representation”
Session 4B – Saturday October 30, 2010
Moderated by Jeanne Desveaux, Barrister and Solicitor
| Graham Webb, ACE | “Ensuring Access to Legal Advice” Conference Paper |
| Tess Sheldon, ARCH Disability Law Centre |
“Capacity and Access to Administrative Tribunals” |
| Marshall Swadron, Swadron Associates | “Amicus Curiae and Section 3 Representation” Conference Paper |
“Research, Law Reform and Older Adults”
Session 4C – Saturday October 30, 2010
Moderated by Mohan Sharma, Law Commission of Ontario
| Margaret Easton, Meridian Aging Project | “Law Reform and an Interdisciplinary Approach to the Study of Aging” Presentation |
| Cheluchi Onyemelukwe, Dalhousie University Law School | “Research Involving Elderly Persons – An Examination of Neuroethical and Legal Concerns” |
| Professor Sheila Wildeman, Schulich School of Law, Dalhousie University |
“How do Canadians Understand the Law on Substitute Decision‐Making About Research?” |
“Risk Mitigation” or “Supporting the Elderly in Choosing to Live at Risk”
Session 4D – Saturday October 30, 2010
| Frank Wagner, University of Toronto Joint Centre for Bioethics and Toronto Central CCAC and Mark Handelman, Health Law Matters | Presentation |
“Ontario’s New LTC Homes Act: Impact on Consent and Capacity Issues”
Session 4E – Saturday OCtober 30, 2010
| Frances Patterson, Q.C., Public Law Commissioner, Law Commission of England and Wales | Conference Paper |
| Jane Meadus, ACE and Cindy Clarke, Borden Ladner Gervais LLP | |
| Joaquin Zuckerberg, Consent and Capacity Board | Presentation |
“Autonomy, Independence, and the Law Affecting Older Adults”
Session 5A – Saturday October 30, 2010
Moderated by Lauren Bates, Law Commission of Ontario
| Dianne Wintermute, ARCH Disability Law Centre | “From De‐Institutionalization to Re‐Institutionalization” |
| Professor Joan Harbison, Dalhousie University School of Social Work | “Ageism, the Right to Autonomy and Adult Protection Legislation” |
| Professor Kurt Eggert, Chapman University School of Law | “Advance Care Directives and the Illusion of Autonomy” |
“Access to Legal Services”
Session 5B – Saturday October 30, 2010
Moderated by Judith Wahl, ACE
| Laurie E. Joe, West End Legal Services and Kwesi Baffoe |
“Many Clouds, No Rain” |
| James Pietsch and Lenora Lee, University of Hawaii Elder Law Program | “Access to Justice for Older Adults in Hawaii” Presentation |
| Deana Johnson, Ontario Network for the Prevention of Elder Abuse | “Accessing Justice for Seniors” Presentation |
| Joan Braun, BC Centre for Elder Advocacy & Support | “Elder Law Clinics in a Multidisciplinary Environment” |
“The Law of Capacity in Ontario: A Case Study in Law Reform”
Session 5C – Saturday October 30, 2010
Moderated by Kirsten Manley-Casimir, Law Commission of Ontario
| Mary Jane Dykeman, Dykeman Dewhirst O’Brien Health Law | “History of Ontario’s Law Reform Regarding Capacity” Presentation |
| Jane Martin, Eisen Graham, Barristers & Solicitors / Ontario Bar Association | “Current Law Reform Issues Regarding Capacity” |
| Michael Bach, Canadian Association for Community Living and Lana Kerzner |
“A New Paradigm for Protecting Autonomy and the Right to Legal Capacity” |
“Emerging Research and New Researchers”
Session 5D – Saturday October 30, 2010
Moderated by Miriam Stein, Rachlin & Wolfson
| Kristine Connidis, University of Toronto | “Old Age and Judicial Appointment – A ‘Jungian’ Perspective” |
| Rachel Bakke and Kia Thrasher, William Mitchell College of Law | “Delegation of Limited Parental Authority” Presentation Supplementary Document |
| Andrea Domaskin, William Mitchell College of Law | “Overcoming Challenges Faced by Crime Victims with Developmental Disabilities” Conference Paper |
“Moving Past Systemic Ageism in Guardianship: A Quebec Community Clinic Experience”
Section 5E – Saturday October 30, 2010
| Ann Soden, Ad.E., National Institute of Law, Policy and Aging / Centre for Law and Aging | Presentation |